S. & F. Dorr & Co. v. Watson
Mississippi Supreme Court
IN error from the circuit court of Claiborne county; Hon. Stanhope Posey, judge. The plaintiffs in error filed their declaration in assumpsit to May term, 1845, against Evans as principal, and Watson and Woodhouse as his sureties, upon a promissory note for $1,749.15. The defendants in error pleaded the general issue; Evans, the principal, made no defence, and judgment by default was rendered against him.
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IN error from the circuit court of Claiborne county; Hon. Stanhope Posey, judge. The plaintiffs in error filed their declaration in assumpsit to May term, 1845, against Evans as principal, and Watson and Woodhouse as his sureties, upon a promissory note for $1,749.15. The defendants in error pleaded the general issue; Evans, the principal, made no defence, and judgment by default was rendered against him. At October term, 1848, the issue between the plaintiffs in error and the defendants in" error was tried, and resulted in a mistrial. At April term, 1849, the plaintiffs in error obtained a…
1Opinion of the CourtJustice Haedy
The plaintiffs in error brought this action in the Claiborne circuit court, on a promissory note, against one Evans, principal, and the defendants in error, sureties.
Judgment by default was rendered against the principal, and the sureties defended on the ground that the plaintiffs had, by a binding contract, given further time of payment to the principal, which discharged them as sureties. At April term, 1849, a verdict was rendered for the plaintiffs, which upon motion of the defendants in error, was set aside, and a new trial granted on the affidavits of witnesses showing surprise; and to…
2Cases cited1 opinion
- Jackson, ex rel. Constantine v. WarfordNew York Supreme Court · 1831
3Cited by22 opinions
- Amiker v. Drugs for Less, Inc.Mississippi Supreme Court · 2000
- Adams v. GreenMississippi Supreme Court · 1985
- Dorris v. CarrMississippi Supreme Court · 1976
- Clark v. Columbus & Greenville Ry. Co.Mississippi Supreme Court · 1985
- Danner v. Mid-State Paving Co.Mississippi Supreme Court · 1965
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